Book Your Appointments for Free Legal Advice.

Legal Advice on Illegal Transfer of Property

Illegal transfers or mutation are a basic form of all property disputes that NRIs are faced with, and hence we have seen growth in Civil Lawsuit in India. You would always need to establish a clear title to stake your ownership. You would also need to change the ownership of the said piece of land or house in the name of the current living legal owners to avoid any fraud. Moreover, in case any fraud takes place, there needs to be clarity on the title to contest the case.

In India, the transfer is not an automatic process but often a time-consuming process under the law. If it is not done, then given the rampant land grabbing in India, in the absence of an updated title, it is assumed that the particular property is abandoned. The lack of action causes various property issues which give rise to a need for legal action such as filing of Civil Lawsuit in India.

There are different ways that a transfer can take place. Inheritance through a Will document or the law of natural succession in the absence of Will is two basic ways. In the latter case, inheritance is of class I legal heirs under the succession laws in India.

Property Disputes

Also, if the owner is still alive and consenting to hand over ownership, he can gift it to you through a Gift Deed, which is a lawful way of undertaking a handing over or, change of ownership in the name of any relative or friend. Finally, a normal buy and sell procedure can take place too i.e. a registered sale deed. Whether the procedure has happened through a Will document or a Gift Deed, in most cases, NRI’s  have no trusted representatives in India, and this leads unnecessary harassment for them.

 

Property Disputes

Property Disputes have caused many a family to suffer. Hence these issues need due attention. Inheritance could bring along with it the complications of illegal transfers, possession or even sale by close relatives, trusted representatives and third parties.

Illegal transfers can happen in three main ways:

  • First, when there is forging or fabrication of documents like Wills – that is, making fake Will documents. This could be done by somebody to deprive the other shareholders of their due share. This is one of the most common methods, and here the defaulter takes advantage of the absence of the others and provides fake ownership to get control. For any mutation to happen, any one owner has to inform about the death of the previous owner. At times, one owner decides not to give the details like these for his selfish motive.
  • Second, impersonation is one of the common methods used too. In such cases, one party impersonates as a shareholder and produces himself in court for the same. Some of them are successful too. They manage to go and stake a claim on what belongs to somebody else. Therefore, a careful and proactive approach should be followed by all owners to avoid these fraudulent practices.
  • A third very obvious way is the misuse of the Power Of Attorney (POA) documents. In a host of cases, people end up giving general, non-restrictive POAs to their friends or relatives. In a lot of situations, people misrepresent, and there is a betrayal by even family members or close relatives, who give proof of utter mistrust and get properties transferred in their names. It is therefore advised that utmost care should be taken while granting a POA to anybody. Do not ever give any additional powers or you stand the risk of having them misused by vested interests.

The first two cases – false documentation and impersonation – can be challenged in courts if one files a Civil Lawsuit in India within the limitation period; the limitation period being three years of the date of knowledge of the said illegal transfer.

These two situations can invoke both civil and criminal litigation. However, in the case of improper misuse of POA, please be warned that hundreds of people have been deprived of their properties because of misuse of POA.

Being one of the top law firms in India, we use our best lawyer to represent, solve and finalize all such property disputes to suit the convenience of overseas citizens. In most situations, NRIs do not have the correct knowledge about procedures or formalities and so. Therefore we help them to file Civil Lawsuit in India and provide them sound legal advice to find solutions. NRI Legal Services is a trustworthy Law Firm in Chandigarh that is capable of handling all such issues for you.

Revocation of Transfer Deed

MEANING Transfer of death deed means when the owner of the property transfers his ownership of estate to whom he wants to transfer at the owner’s death. It is a method for avoiding probate of [...]

What is Partition of Property?

Partition of a property is an act of dividing up a concurrent land into separate portions representing the proportionate interests of the renters either by a court order or otherwise. In India, there are two [...]

How to apply for succession certificate in the court

A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the [...]

Partition of Property Amongst Family Members

Ever since the beginning of time, the property is deemed to be a mark of high economic status. Numerous displays of family disputes over property in movies and novels, only go on to prove this [...]

When Caretakers Try to become Property Owners

In India the culture of leaving behind property as the responsibility of caretakers is an ongoing culture, especially in the case of NRI’s due to their living outside of the country for long durations. However, [...]

PARTITION OF PROPERTY UNDER MUSLIM LAW

Succession is a matter of right and a necessity as well. Every person will have to renounce the world once and with that, all the legal rights and obligations of the person are dissolved and [...]

With regards to the service you Monisha Mahajan, Jasanjit Dullet and your team at Mindsprings (India) Pvt. Ltd have provided to deal with the sale of our property matter in Chandigarh. I would like to thank you and your team on behalf of myself and my family. I was very impressed with the speed of your response to my enquiries and keeping me up to date with any progress at all stages while dealing with third party (purchaser) and other legal matters arising. During which you have made the best use of modern technology and IT equipments available to speed up communication between all concerned parties. I would highly recommend your services to any person requiring of such services that you have provided me.

Makhan